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HomeMy WebLinkAbout07-24 BOS Staff Report CONDITIONAL USE PERMIT #07-24 Wolfe Lynn Ramey Trust (Brenda Edwards) Special Event Facility Staff Report for the Board of Supervisors Prepared: October 03, 2024 Staff Contact: Amy Feltner, Planner Executive Summary: Meeting Schedule Planning Commission: October 2, 2024 Action: Recommended Approval Board of Supervisors: November 13, 2024 Action: Pending Property Information Property Identification Numbers (PINs) 40-A-5 Address 1261 N. Hayfield Road, Winchester Magisterial District Gainesboro Acreage: +/- 65 acres Zoning & Present Land Use Zoning: RA (Rural Areas) Land Use: Residential & Agricultural Adjoining Property Zoning & Present Land Use North: RA (Rural Areas) Land Use: Residential & Agricultural South: RA (Rural Areas) Land Use: Residential & Agricultural East: RA (Rural Areas) Land Use: Residential & Agricultural West: RA (Rural Areas) Land Use: Residential & Agricultural Proposed Use The applicant proposes utilizing an existing structure and the surrounding farm for a special event facility. Page 2 of 6 Review Agency Comments: Review Agency Comment Date Comment Summary Virginia Department of Transportation (VDOT) August 26, 2024 The existing entrance shall be upgraded to a Moderate Volume Entrance. A design shall be submitted & approved by VDOT. Virginia Department of Health (VDH) August 1, 2024 The existing onsite sewage system shall not be used by the venue. A least one ADA portable privy shall be required for per 100 attendees. Frederick County (FC) Inspections August 13, 2024 No comments: Property is farm exempt. FC Fire Marshal August 8, 2024 Fire Department access shall be maintained during events. Future development must comply with the Virginia Fire Code. Frederick Water August 5, 2024 No comments at this time. Planning & Zoning: Application Proposal: The applicant proposes utilizing a 20’ x 30’ open picnic shelter, a wooden low-rise platform, and a 10’ x 12’ low rise photo deck for the primary area of the special event facility. An existing 30’ x 60’ metal building is proposed to be utilized as the primary office, Bridal Ready Suite, and staging area. In the event of inclement weather, the building would serve as the event area. If the venue is successful, renovation of a second metal building may develop in the future, at which time the applicant will submit for a new conditional use permit. The special event facility will operate from May to November (seasonally) with hours of operation limited to Fridays, Saturdays, and Sundays – dawn to dusk - but under no conditions, later than Page 3 of 6 10:00 p.m. The applicant proposes no more than 10-26 total events per year with each event averaging 25-100 people in attendance. The applicant is proposing no amplified music. Staff Analysis: §165-103.02 of the Zoning Ordinance on standards for Conditional Use Permits states that the Planning Commission and Board shall consider the following standards when considering Conditional Use Permits: A. The conditional use shall not tend to change the character and established pattern of development of the area of the proposed use. • The Rural Area (RA) zoning district provides to preserve large, open parcels of land, scenic views, and to preserve prime agricultural and locally significant soils. The parcel contains 65+/- acres and is surrounded by other Rural Area (RA) parcels ranging from 6± acres to 47+/-acres. The special event facility is permitted as a conditional use permit in the Rural Area (RA) zoning district. B. The conditional use shall be in harmony with and shall not adversely affect the use and enjoyment of surrounding properties. • The zoning ordinance provides additional regulations for specific uses and addresses the special events facility in the Rural Areas (RA) zoning district. If the operation is operated as proposed and the conditions listed in the specific use section is followed, the operation should not adversely affect the use and the enjoyment of the surrounding properties. C. The conditional use shall be in accord with the policies expressed in the Comprehensive Plan of the County and with the intent of this chapter. • The Comprehensive Plan identifies this area to remain rural in nature. One goal in the Rural Areas section of the Comprehensive Plan is that the “County should continue to support and encourage new land uses in the rural areas” (pg. 14). Other land uses, in addition to agricultural uses, may allow property owners to keep properties intact rather than subdividing. The proposed use is generally consistent with the Comprehensive Plan. • The activities proposed are to reuse existing facilities and with minimal new structures. The use proposed does not adversely affect the natural character and environmental surroundings in the Rural Area (RA). The applicant proposes no amplified outdoor music. D. The conditional use permit shall be approved only if adequate facilities, roads, safe access and drainage are provided. • The applicant will be required to install a Moderate Volume Commercial Entrance to the property and the design shall be approved by VDOT, providing safe access to the property. Portable facilities will be provided. No drainage alterations are proposed to disturb the existing drainage. Page 4 of 6 E. The conditional use shall conform with all applicable regulations of the district in which it is located. • The Zoning Ordinance defines a special event facility as “A facility or site utilized for events that are typically conducted on a single day, but which may be conducted for up to three consecutive days, for which attendance is permitted only by invitation or reservation; special events include, but are not limited to, meetings, conferences, banquets, dinners, weddings and private parties” (§165-101.02). The proposed use meets the definition of a special event facility. • Special event facilities are permitted in the Rural Area (RA) zoning district with an approved conditional use permit. Additional regulations are included for special event facilities in §165-204.30. All structures must be approved by the Building Official, all parking spaces and travel aisles shall be graveled, and that portable toilets shall be permitted provided they are screened from all adjoining properties and roads. The gravel travel way and parking area, as well as the proposed location for portable toilets, will be shown on the illustrative sketch plan. Planning Commission Summary & Action From The 10/02/24 Meeting: The Planning Commission held a public hearing on October 4, 2024. The Planning Commission wished for clarification on the Health Department comment and the differences on the required toilet facilities as it relates to the attendees, further wishing to understand the inconsistency seen in two recent special event facilities application. Additional research identified a policy change in the Virginia Department of Health. All special event facilities currently require 1 ADA toilet per 100 attendees. This change will be reflective in future CUP’s and will be consistent unless another policy change is adopted. The Planning Commission addressed the requirement of the gravel surface for the parking area and the detrimental effects to the hay field. Staff recognized an ordinance change, that if adopted, would be retroactive to the approved CUP. The proposed change is currently in the process and will be coming before the Planning Commission in the near future. The applicant stated that operations of the CUP, which is seasonal, would not be operating prior to spring of 2025. If the revised ordinance is not adopted, a gravel surface would be required. An inquiry of the building size was discussed; however, the building was identified as an Agricultural exempt structure by the Building Inspections Department and is exempt from building code/occupancy regulations. The stipulation of “no amplified music” was questioned and the applicant verified that the events were intended to be low key and no amplified music would be on the property. Additional questions on illumination and/or flashing lights were also questioned by the Commission and addressed by the applicant. There is no electricity in the southeast area of the property and no intension to have any additional illumination other than the typical outdoor lighting on the building that exists currently. Page 5 of 6 The Planning Commission questioned the hours of operation, specifically the start at 6 a.m. The applicant wished to acquire a predictable income with the event facility, operate at a small scale, and the 6 a.m. start time was to make use of the sunrise in the southeast area of the property for health and wellness groups but certainly a wedding would be permitted. Two attendees spoke against the CUP, both are located at a lower elevation than the applicant. Their concerns were noise generation, people wandering onto their property, failure of a private septic system, and traffic on N. Hayfield and the Route 50 West intersection. One resident feared the noise would disrupt their children’s sleeping pattern and another voiced concerns about the location of the parking area of the events facility as it related to his required septic field. The Planning Commission referenced a requirement that the septic would not be located on the property line. The applicant stipulated the events were seasonal and Indian Hollow Elementary School is not in session during the summer months nor the weekends. A pond, located on the adjacent property, was a concern for the neighbor and the liability associated with any accidents. The pond is located approximately 140 ft. north of the adjoining property line and 220 ft. from the proposed parking area. There is no fence installed at the property line to prevent access to adjoining properties. The Planning Commission questioned noise enforcement and noise regulation in the Zoning Ordinance. The property is in the Rural Area (RA) and the Zoning Ordinance does not regulate noise in the Rural Area (RA) district, however, a condition in the approval of the CUP does state that no amplified music is permitted. The Planning Commission recommended approval. (11 -0) (Charles E. Triplett, recused) (Charles S. DeHaven, III, absent). Recommendation: Should the Board of Supervisors find the use to be appropriate, the Planning Commission recommended the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Operations shall begin no earlier than 6:00 a.m. and shall conclude by 10 p.m. 3. Special events shall be held on Friday, Saturday, and Sundays only. 4. No amplified music will be allowed at any time. 5. Special events may accommodate up to and not to exceed 100 people. 6. An illustrative sketch plan, addressing the additional regulations for special event facilities contained in §165-204.30 shall be approved by Frederick County, and the improvements shown on the plan, including the commercial entrance required by VDOT, shall be completed prior to the establishment of the use. 7. Any expansion or change of use shall require a new Conditional Use Permit. Page 6 of 6 Following this public hearing, staff is seeking a decision from the Board of Supervisors on this Conditional Use Permit application.